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Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City in the MATTER of the A

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Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City in the MATTER of the A Republic of the Philippines ENERGY REGULATORY COMMISSION San Miguel Avenue, Pasig City IN THE MATTER OF THE APPLICATION FOR APPROVAL OF CAPITAL EXPENDITURE PROJECT, RE: COMMISSIONING OF SAN NARCISO 10 MVA SUBSTATION WITH FEEDER CONDUCTOR ENHANCEMENTS, WITH MOTION FOR PROVISIONAL AUTHORITY ERC CASE NO. 2019-034 RC QUEZON I ELECTRIC COOPERATIVE, INC. (QUEZELCO I), Applicant. x-------------------------------------x ORDER On 02 September 2019, the Quezon I Electric Cooperative, Inc. (QUEZELCO I) filed an Amended Application dated 29 August 2019 seeking the Commission’s approval of its proposed Capital Expenditure (CAPEX) projects for the years 2017 to 2019, in accordance with the rules for the approval of regulated entities’ CAPEX projects, with motion for provisional authority. In the Order dated 17 January 2020, the Commission has set the instant Amended Application for the determination of compliance with the jurisdictional requirements, expository presentation, pre-trial conference, and presentation of evidence on 27 February 2020 at QUEZELCO I’s main office. However, due to the public health emergency brought about by the coronavirus disease 2019 (COVID-19), the Commission deemed it necessary, as a precautionary measure, to cancel all out-of-town hearings for the months of February and March 2020. ERC CASE NO. 2019-034 RC ORDER/ 11 August 2020 PAGE 2 OF 9 In view thereof, the Commission, in its Order dated 18 February 2020, cancelled the hearing set for the instant Application on 27 February 2020 until further notice. In the same Order, the Commission, directed QUEZELCO I to comply with the following: In the event that the Applicant has already completed the publication and posting of notice requirements pursuant to the Order dated 17 January 2020, it is hereby DIRECTED to submit, within ten (10) days from receipt of this Order, its Compliance, subject to the Commission’s verification. On the other hand, the Applicant is hereby DIRECTED to submit within the same period of ten (10) days from receipt of this Order, a Manifestation, in lieu of the Compliance, if no publication or posting of notice has been made. Thereafter, the Commission will issue a new Order and Notice of Public Hearing of the next scheduled hearing. On 27 February 2020, QUEZELCO I submitted its Compliance with Jurisdictional Requirements of even date, and attached thereto the publication and certificates of posting pursuant to the directives of the Commission in its Order dated 18 February 2020. However, due to the continuous threat to public health and safety brought about by the coronavirus disease 2019 (COVID- 19), the Commission deemed it necessary to conduct all previously scheduled physical hearings through virtual hearings. IN VIEW OF THE FOREGOING, the Commission shall convene the virtual hearing through video conferencing, subject to certain limitations as set forth herein. ACCORDINGLY, the Commission hereby sets the instant Application for the determination of compliance with the jurisdictional requirements, expository presentation, pre-trial conference, and presentation of evidence on 16 September 2020 (Wednesday) at ten o’clock in the morning (10:00 A.M), through a virtual hearing using the MS Teams Application as the online platform for the conduct thereof. ERC CASE NO. 2019-034 RC ORDER/ 11 August 2020 PAGE 3 OF 9 RELATIVE THERETO, the Commission hereby directs QUEZELCO I to host the virtual hearing at QUEZELCO I’s Main Office in Pitogo, Quezon, as the designated venue for the conduct thereof, and ensure that the same is open to the public and that the community quarantine guidelines are observed at all times. Moreover, QUEZELCO I shall guarantee that, during the conduct of the expository presentation, the participation of the public shall not be impaired. QUEZELCO I is hereby directed to serve, by any mode of delivery, the copies of this Order and the attached Notice of Virtual Hearing to the following offices in order that they may be informed of the scheduled virtual hearing of the instant Application: 1) Offices of the Provincial Governors, the City and Municipal Mayors, and the Local Government Unit (LGU) legislative bodies within QUEZELCO I’s franchise area; and 2) Offices of the Solicitor General (OSG), the Commission on Audit (COA), and the Committees on Energy of both Houses of Congress. Likewise, QUEZELCO I is hereby directed to inform the consumers within its franchise area, by any other means available and appropriate, of the new scheduled virtual hearing of the instant Application. Within five (5) calendar days prior to the date of the virtual hearing, QUEZELCO I must submit to the Commission via electronic mail (e-mail) at [email protected] and [email protected], copy furnish the Legal Service through [email protected], its written compliance to the aforementioned directives by attaching therewith, methodically arranged and duly marked, the following: 1) Proof of service of the Order and the attached Notice of Virtual Hearing to the aforementioned Governors, Mayors, and LGU legislative bodies; 2) Proof of service of the copies of this Order and the attached Notice of Virtual Hearing to the OSG, COA, ERC CASE NO. 2019-034 RC ORDER/ 11 August 2020 PAGE 4 OF 9 and the Committees on Energy of both Houses of Congress; and 3) The evidence of other means employed by QUEZELCO I to inform the consumers of the new scheduled hearing of the instant Application. Moreover, QUEZELCO I is hereby required to post on its bulletin boards, the scanned copies of the jurisdictional requirements, together with the newspaper publication/s and certifications issued by the concerned Office of the Mayors, or Provincial Governors and Local Legislative Bodies, which was attached to its Compliance with Jurisdictional Requirements dated 27 February 2020, as well as the foregoing additional jurisdictional requirements, and to submit proof of their posting thereof. QUEZELCO I and all interested parties are also required to submit to the Commission via electronic mail (e-mail) at [email protected] and [email protected], copy furnish the Legal Service through [email protected], at least five (5) calendar days before the date of the scheduled virtual hearing and Pre-trial Conference, their respective Pre- Trial Briefs containing, among others: 1) A summary of admitted facts and proposed stipulation of facts; 2) The issues to be tried or resolved; 3) The documents or exhibits to be presented, stating the purposes and proposed markings therefor, which should also be attached to the Pre-trial Brief; and 4) The number and names of the witnesses, with their written testimonies in a Judicial Affidavit form attached to the Pre-trial Brief. QUEZELCO I must ensure that all the documents or exhibits proposed to be presented have already been duly submitted to the Commission at least five (5) calendar days before the date of the scheduled initial virtual hearing and Pre- trial Conference pursuant to the preceding paragraph. ERC CASE NO. 2019-034 RC ORDER/ 11 August 2020 PAGE 5 OF 9 Failure of QUEZELCO I to comply with the above requirements within the prescribed period shall be a ground for cancellation of the scheduled hearing, and the resetting of which shall be six (6) months from the said date of cancellation. QUEZELCO I is hereby directed to file a copy of its Expository Presentation via e-mail at [email protected] and [email protected], copy furnish the Legal Service through [email protected], at least five (5) calendar days prior to the scheduled virtual hearing. QUEZELCO I shall also be required, upon the request of any stakeholder, to provide an advance copy of its expository presentation, at least five (5) calendar days prior to the scheduled virtual hearing. Any interested stakeholder may submit its comments and/or clarifications at least one (1) calendar day prior to the scheduled virtual hearing, via e-mail at [email protected] and [email protected], copy furnish the Legal Service through [email protected]. The Commission shall give priority to the stakeholders who have duly submitted their respective comments and/or clarifications, to discuss the same and propound questions during the course of the expository presentation. QUEZELCO I is hereby directed to submit, either through personal service, registered or ordinary mail/private courier, one (1) set of the original or certified true hard/printed copy/ies of its Jurisdictional Compliance, Expository Presentation, Pre-trial Brief, and Judicial Affidavit/s of witness/es, within five (5) working days from the date that the same were electronically submitted, as reflected in the acknowledgment receipt e-mail sent by the Commission. Similarly, all interested parties who filed their Petition for Intervention or Opposition are required to submit the hard/printed copy thereof within the same period through any of the available mode of service. (This space is intentionally left blank) ERC CASE NO. 2019-034 RC ORDER/ 11 August 2020 PAGE 6 OF 9 Finally, QUEZELCO I, including its authorized representative/s and witness/es, are hereby directed to provide the Commission, thru [email protected], with their respective e-mail addresses within five (5) days from receipt of this Order. The access link/s to the aforementioned hearing platform will be sent by the Commission within five (5) days prior to the scheduled hearing. SO ORDERED. Pasig City, 11 August 2020. FOR AND BY AUTHORITY OF THE COMMISSION: AGNES VST DEVANADERA Chairperson and CEO LS: JMS/MCCG COPY FURNISHED: 1. Dechavez Lerios-Amboy and Evangelista Law Offices Counsel for Applicant QUEZELCO I Unit 2008 Tycoon Centre Pearl Drive, Ortigas Center, Pasig City [email protected] 2. Quezon I Electric Cooperative, Inc.
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